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Section 86.606. Enforcement; penalties. 0 <br />(a) Violations. It shall be unlawful for any person to intentionally, knowingly, <br />recklessly, or with criminal negligence allow or cause any cross connection to the city <br />potable water system, or to allow protection assemblies to be or remain untested. in a <br />state of disrepair or in a condition not meeting the standards as described in this article, or <br />to allow or cause any violation of any provision or restriction of this article. <br />(b) Violation remedied. It is not a defense to prosecution under any provision <br />of this article that the violation charged is no longer occurring or no longer exists. <br />(c) Misdemeanor Penalties. A person who violates any provision of this <br />article commits a misdemeanor, and upon conviction, shall be punished by fine in the <br />respective amounts shown: <br />(1) First offense — not less than $100.00 or more than $250.00 <br />(2) Second offense — not less than $250.00 or more than $500.00. <br />(3) Third offense — not less than $500.00 or more than $2.000.00. <br />(d) Continuing violations. Each violation of a particular provision of this <br />article shall constitute a separate offense, and for each day violation occurs or continues <br />it shall be considered a new offense. . <br />(e) Civil enforcement. The director may seek civil penalties and any other <br />legal or equitable relief available under common law, Chapter 54 of the Texas Local <br />Government Code or any other applicable city, state or federal code or statute for <br />violations of this article. <br />(1) Civil Penalties. At the option of the director, for each violation of this <br />article, a civil notice of violation may be issued in lieu of a criminal <br />citation. The notice of violation shall set forth the details of the violation <br />and the proposed penalty. Pursuant to such notice, a fine not to exceed <br />$1,000.00 may be assessed for each violation cited therein. <br />a. Civil penalties may be assessed by mailing, certified mail, a notice <br />of violation to the person who is the registered water user or <br />customer at the address where the violation occurred. A notice of <br />violation may also be hand delivered to a person accepting <br />responsibility for the premises where the alleged violation <br />occurred. <br />b. The registered user, customer or other person receiving a notice of <br />violation, shall be given ten (10) calendar days from the receipt of <br />a notice of violation to file a written notice to the Director . <br />requesting an appeal of the determination of a violation in the <br />18 <br />